Russell v. Granite State Fire Insurance
Supreme Judicial Court of Maine
On motion and exceptions by defendant. This is an action upon an insurance policy under Sec. 38, Chap. 87, of the R. S. to recover the sum of five hundred dollars, the amount of the policy, and interest, being the amount of insurance on the personal property of plaintiff, which was totally destroyed by fire on April 15, 1919, at Hampden, Maine.
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On motion and exceptions by defendant. This is an action upon an insurance policy under Sec. 38, Chap. 87, of the R. S. to recover the sum of five hundred dollars, the amount of the policy, and interest, being the amount of insurance on the personal property of plaintiff, which was totally destroyed by fire on April 15, 1919, at Hampden, Maine. Defendant filed the general issue, and a brief statement alleging that the premises where the personal property was located had been vacated by the plaintiff, owner and occupant, and remained vacant for more than thirty days thus avoiding the policy.…
1Opinion of the CourtSpear, J.
This case comes up on motion and exceptions. The motion raises an issue of fact upon the question of waiver; the exceptions, issues of law upon the question of pleading.
The plaintiff was the owner of a dwelling-house and additions situated in the town of Hampden,' Maine.. She was a graduate nurse and was employed much of her time in her profession. This house, she says, was her permanent home.
Located in this house, at the time of the fire, was certain personal property the quality and value of which are not questioned. On this personal property, she held a policy of insurance, of the standard…
2Cases cited5 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Johnson v. Norwalk Fire InsuranceMassachusetts Supreme Judicial Court · 1900
3Cited by6 opinions
- Wescott v. Allstate InsuranceSupreme Judicial Court of Maine · 1979
- Pagni v. New York Life Insurance Co.Washington Supreme Court · 1933
- Farm Bureau Mutual Ins. Co. v. WaughSupreme Judicial Court of Maine · 1963
- Gendron v. Pawtucket Mutual InsuranceSupreme Judicial Court of Maine · 1978
- Reliable Furniture Co. v. Union Safe Deposit & Trust Co.Supreme Judicial Court of Maine · 1941
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